USCIS Updates Policy Guidelines for International Students
The USCIS has updated its policy guidelines for international students. This update has clarified adjudication guidelines and made certain requirements more explicit. Of particular note is the updated guidance about the intent F-1 students must demonstrate and the employer requirements for start-up companies who wish to hire STEM OPT students.
This update clarifies that intent for F-1 students should be considered differently than other non-immigrants due to the special circumstances inherent to being a student. F-1 students do not need to demonstrate that their intent will remain temporary. They must only demonstrate that their current intent is to depart from the US at the conclusion of their studies. This is reflected in the foreign residence requirements for F-1 students in that they must only have had a foreign residence immediately prior to traveling to the US. Also of significant note, F-1 students may have a pending or approved permanent labor certification application or immigrant petition so long as their present intent is to depart the US at the end of their studies.
This update also adds guidance about different Practical Training (PT) requirements. They have added significant clarification about the eligibility requirements for employers seeking to hire Optional Practical Training (OPT) students, especially as it pertains to training requirements. Students seeking an extension to their STEM OPT may work for start-up businesses so long as that business meets all employer eligibility requirements. All employers must demonstrate that they have enough resources and trained personnel available to appropriately train the F-1 student; the F-1 student will not replace a full or part-time, temporary, or permanent U.S. worker; and working for them will help the F-1 student attain their training objectives.
You can view the policy alert to learn more here: